Doe v. Apple Inc.

5:24-cv-05107 | California Northern District Court

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Division San Jose
Judge District Judge Noel Wise
Filed Aug. 13, 2024
Case Flags ADRMOP
Magistrate Magistrate Judge Nathanael M. Cousins
Nature of Suit 890 Statutory Actions - Other
Cause 28:1331 Fed. Question
Jury Demand Plaintiff
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Upcoming Events
Today
  • 4/2/2025
Initial Case Management Conference reset for 4/2/2025 at 01:30 PM before Judge Eumi K. Lee.
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4 Weeks
  • 4/30/2025
Motion to Dismiss Hearing set for 4/30/2025 10:00 AM in San Jose
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8 Weeks
  • 5/27/2025
Motions must be RENOTICED for hearing before Judge Wise by the moving party for a date consistent with the Court’s law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule.4. Deadlines for ADR compliance and discovery cutoffs remain unchanged.5. All pretrial conference and trial dates currently set for after May 27, 2025, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before May 27, 2025 are vacated.
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Filing Date # Docket Text
3/27/2025Stay
3/20/2025Order
3/12/2025Reply to Opposition/Response
3/12/2025Order on Administrative Motion per Civil Local Rule 7-11, Clerk's Notice
3/12/2025Order on Motion to Appoint Guardian/Attorney ad Litem
3/12/2025Order on Administrative Motion per Civil Local Rule 7-11
3/12/2025Order on Administrative Motion to File Under Seal
3/4/2025Administrative Motion per Civil Local Rule 7-11
2/24/2025This case is directly assigned to District Judge Noel Wise. Judge Eumi K Lee no longer assigned to the case. (This is a text-only entry generated by the court. There is no document associated with this entry.)

Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

(kab-adi, COURT STAFF) (Filed on 2/24/2025) (Entered: 02/24/2025)

2/24/202542

ORDER REASSIGNING CASE.

IT IS ORDERED that this case is reassigned to the Honorable Noël Wise in the San Jose Division for all further proceedings.

1. All future filings shall bear the initials NW immediately after the case number.

2. All case management conference dates are vacated and will be reset by the Court.

3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged.  Motions must be RENOTICED for hearing before Judge Wise by the moving party for a date consistent with the Court’s law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule.

4. Deadlines for ADR compliance and discovery cutoffs remain unchanged.

5. All pretrial conference and trial dates currently set for after May 27, 2025, and all other deadlines associated with the case, will remain in place unless otherwise ordered.

6. All pretrial conference and trial dates scheduled on or before May 27, 2025 are vacated. Other pretrial deadlines (eg., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place.  The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.

7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.

8. On or before March 17, 2025, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlines in the Standing Order for All Judges of the Northern District. the approved form for such statements can be accessed here:

      a. The parties are not required to complete a section if inapplicable. As number 20, the statement shall provide the following information: (i) a list or description of each party; (ii) a summary of all claims, counter-claims, cross-claims, or third party claims and the date the complaint and cross-complaint(s) were filed; and (iii) a brief procedural history of the case (chart format welcomed) including, but not limited to, any ADR proceedings or settlement conferences that have been scheduled or concluded and any appellate proceedings that are pending or concluded.

      b. If the parties believe that an immediate case management conference is needed, the parties shall explain why and identify the urgent matters that require attention. If there is no immediate need, a case management conference will be scheduled or reset pursuant to Paragraph 2 of this Order as needed.

9. The Joint Case Management Statement will not constitute a motion to extend or modify dates. If emergency relief is needed to modify a deadline, and the deadline is not of the type that can be modified via stipulation of the parties without a court order, the requesting party or parties shall additionally file a motion or stipulation for such relief in compliance with Local Rule 6.

IT IS SO ORDERED.

Dated: 02/24/2025
FOR THE EXECUTIVE COMMITTEE
Mark B. Busby, Clerk of Court

(kab-adi, COURT STAFF) (Filed on 2/24/2025) (Entered: 02/24/2025)
2/12/2025OPPOSITION/RESPONSE (re 38 MOTION to Dismiss First Amended Complaint ) filed byJane Doe. (Han, Juyoun) (Filed on 2/12/2025) (Entered: 02/12/2025)
1/15/2025 Declaration of Isaac D. Chaput in Support of 39 Request for Judicial Notice filed byApple Inc.. (Attachments: # 1 Exhibit 1 - iCloud Data Security Overview, # 2 Exhibit 2 - iCloud Terms and Conditions, # 3 Exhibit 3 - Apple Privacy Policy, # 4 Exhibit 4 - Family Privacy Disclosure, # 5 Exhibit 5 - iPad User Guide Excerpt, # 6 Exhibit 6 - About Communication Safety, # 7 Exhibit 7 - E. Neuenschwander Email)(Related document(s) 39 ) (Chaput, Isaac) (Filed on 1/15/2025) (Entered: 01/15/2025)
1/15/2025Request for Judicial Notice re 38 MOTION to Dismiss First Amended Complaint filed byApple Inc.. (Related document(s) 38 ) (Chaput, Isaac) (Filed on 1/15/2025) (Entered: 01/15/2025)
1/15/2025 MOTION to Dismiss First Amended Complaint filed by Apple Inc.. Motion to Dismiss Hearing set for 4/30/2025 10:00 AM in San Jose, Courtroom 7, 4th Floor. Responses due by 2/12/2025. Replies due by 3/12/2025. (Attachments: # 1 Proposed Order)(Chaput, Isaac) (Filed on 1/15/2025) (Entered: 01/15/2025)
12/30/2024ORDER DETERMINING CASES ARE NOT RELATED. The Court determines that Case No. 24-cv-05107-EKL and Case No. 24-cv-08832-VKD are not related within the meaning of Civil Local Rule 3-12. Signed by Judge Eumi K. Lee. (lrt, COURT STAFF) (Filed on 12/30/2024) (Entered: 12/30/2024)
12/17/2024OPPOSITION/RESPONSE (re 34 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related ) filed byJane Doe. (Han, Juyoun) (Filed on 12/17/2024) (Entered: 12/17/2024)
12/17/2024OPPOSITION/RESPONSE (re 34 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related ) filed byAmy et. al.. (Attachments: # 1 Certificate/Proof of Service)(Liberty, Micha) (Filed on 12/17/2024) (Entered: 12/17/2024)
12/13/2024 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related filed by Apple Inc.. Responses due by 12/17/2024. (Attachments: # 1 Declaration of Isaac D. Chaput, # 2 Exhibit 1, # 3 Proposed Order, # 4 Certificate/Proof of Service)(Chaput, Isaac) (Filed on 12/13/2024) (Entered: 12/13/2024)
12/13/2024ORDER granting 32 Stipulation Extending Time to Respond to First Amended Complaint; Request to Set Briefing Schedule for Motion to Dismiss. Signed by Judge Eumi K. Lee (lrt, COURT STAFF) (Filed on 12/13/2024) (Entered: 12/13/2024)
12/11/2024STIPULATION WITH PROPOSED ORDER to Set Briefing Schedule for Motion to Dismiss filed by Apple Inc.. (Attachments: # 1 Declaration of Isaac D. Chaput)(Chaput, Isaac) (Filed on 12/11/2024) (Entered: 12/11/2024)
12/9/202431

CLERK'S NOTICE RESETTING ZOOM HEARING. Case Management Statement due by 3/19/2025. Initial Case Management Conference reset for 4/2/2025 at 01:30 PM before Judge Eumi K. Lee. This proceeding will be held via a Zoom meeting.

Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at eklcrd@cand.uscourts.gov no later than March 31, 2025 at 5:00PM PT.

General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.

(lrt, COURT STAFF) (Filed on 12/9/2024) (Entered: 12/09/2024)
12/2/2024AMENDED COMPLAINT against Apple Inc.. Filed by Jane Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit Redlined Changes to Original Complaint)(Han, Juyoun) (Filed on 12/2/2024) (Entered: 12/02/2024)
11/5/202429TEXT-ONLY ORDER
The Court grants Defendant's 28 administrative motion to continue initial case management conference and continues the December 4, 2024, ICMC to March 19, 2025. Signed by Judge Eumi K. Lee

Initial Case Management Conference reset for 3/19/2025 at 01:30 PM. This proceeding will be held via a Zoom meeting.

Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at eklcrd@cand.uscourts.gov no later than March 17, 2025 at 5:00 PM PT.

General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lrt, COURT STAFF) (Filed on 11/5/2024) (Entered: 11/05/2024)

11/4/2024 MOTION to Continue Initial Case Management Conference filed by Apple Inc.. (Attachments: # 1 Declaration of David N. Sneed, # 2 Proposed Order)(Sneed, David) (Filed on 11/4/2024) (Entered: 11/04/2024)
10/25/2024 Declaration of Isaac D. Chaput in Support of 26 Request for Judicial Notice filed byApple Inc.. (Attachments: # 1 Exhibit 1 - iCloud Data Security Overview, # 2 Exhibit 2 - iCloud Terms and Conditions, # 3 Exhibit 3 - Apple Privacy Policy, # 4 Exhibit 4 - Family Privacy Disclosure, # 5 Exhibit 5 - iPad User Guide Excerpt, # 6 Exhibit 6 - About Communication Safety, # 7 Exhibit 7 - E. Neuenschwander Email)(Related document(s) 26 ) (Chaput, Isaac) (Filed on 10/25/2024) (Entered: 10/25/2024)
10/25/2024Request for Judicial Notice re 25 MOTION to Dismiss filed byApple Inc.. (Related document(s) 25 ) (Chaput, Isaac) (Filed on 10/25/2024) (Entered: 10/25/2024)
10/25/2024 MOTION to Dismiss filed by Apple Inc.. Motion to Dismiss Hearing set for 2/26/2025 10:00 AM in San Jose, Courtroom 7, 4th Floor. Responses due by 12/2/2024. Replies due by 1/8/2025. (Attachments: # 1 Proposed Order)(Chaput, Isaac) (Filed on 10/25/2024) (Entered: 10/25/2024)
9/25/2024ORDER granting 15 Stipulation Extending Time to Respond to Complaint; Stipulated Request to set Briefing Schedule for Motion to Dismiss. Signed by Judge Eumi K. Lee (lrt, COURT STAFF) (Filed on 9/25/2024) (Entered: 09/25/2024)
9/16/2024ORDER granting 19 Motion for Pro Hac Vice as to David N. Sneed. Signed by Judge Eumi K. Lee. (lrt, COURT STAFF) (Filed on 9/16/2024) (Entered: 09/16/2024)
9/16/202422CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Case Management Statement due by 11/20/2024. Initial Case Management Conference reset for 12/4/2024 at 01:30 PM by zoom before Judge Eumi K. Lee. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lrt, COURT STAFF) (Filed on 9/16/2024) (Entered: 09/16/2024)
9/16/2024ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Eumi K Lee for all further proceedings. Magistrate Judge Nathanael M. Cousins no longer assigned to case, except for discovery purposes. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (Attachments: # 1 Notice of Eligibility for Video Recording)(smc, COURT STAFF) (Filed on 9/16/2024) (Entered: 09/16/2024)
9/16/202420CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge.You will be informed by separate notice of the district judge to whom this case is reassigned.

ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED.

This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 9/16/2024) (Entered: 09/16/2024)

9/13/2024 MOTION for leave to appear in Pro Hac Vice for David Sneed ( Filing fee $ 328, receipt number ACANDC-19845818.) filed by Apple Inc.. (Sneed, David) (Filed on 9/13/2024) (Entered: 09/13/2024)
9/13/202418NOTICE of Appearance filed by Amy S. Heath on behalf of Apple Inc. (Heath, Amy) (Filed on 9/13/2024) (Entered: 09/13/2024)
9/13/202417NOTICE of Appearance filed by Ashley Margaret Simonsen on behalf of Apple Inc. (Simonsen, Ashley) (Filed on 9/13/2024) (Entered: 09/13/2024)
9/13/2024CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple Inc... (Chaput, Isaac) (Filed on 9/13/2024) (Entered: 09/13/2024)
9/13/2024STIPULATION WITH PROPOSED ORDER Extending Time to Respond to Complaint; Stipulated Request to Set Briefing Schedule for Motion to Dismiss filed by Apple Inc.. (Attachments: # 1 Declaration of Isaac Chaput)(Chaput, Isaac) (Filed on 9/13/2024) (Entered: 09/13/2024)
9/13/2024Certificate of Interested Entities by Apple Inc. (Chaput, Isaac) (Filed on 9/13/2024) (Entered: 09/13/2024)
9/13/202413NOTICE of Appearance filed by Isaac Daniel Chaput on behalf of Apple Inc. (Chaput, Isaac) (Filed on 9/13/2024) (Entered: 09/13/2024)
9/5/2024 Administrative Motion to File Under Seal filed by Jane Doe. (Attachments: # 1 Declaration Juyoun Han, # 2 Redacted Document, # 3 Unredacted Document, # 4 Proposed Order)(Han, Juyoun) (Filed on 9/5/2024) (Entered: 09/05/2024)
9/5/2024 MOTION to Appoint Guardian ad Litem ad Litem filed by Jane Doe. (Attachments: # 1 Declaration of T.C. in support, # 2 Proposed Order)(Han, Juyoun) (Filed on 9/5/2024) (Entered: 09/05/2024)
9/5/2024 ADMINISTRATIVE MOTION to proceed with ficticious names filed by Jane Doe. Responses due by 9/9/2024. (Attachments: # 1 Declaration Juyoun Han, # 2 Proposed Order)(Han, Juyoun) (Filed on 9/5/2024) (Entered: 09/05/2024)
8/22/2024ORDER GRANTING 8 Application for Admission of Attorney Juyoun Han Pro Hac Vice representing Jane Doe. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 8/22/2024) (Entered: 08/22/2024)
8/22/2024 MOTION for leave to appear in Pro Hac Vice by Juyoun Han ( Filing fee $ 328, receipt number ACANDC-19758194.) filed by Jane Doe. (Attachments: # 1 Cert of good standing)(Han, Juyoun) (Filed on 8/22/2024) (Entered: 08/22/2024)
8/16/2024ORDER to File Motion to Proceed Anonymously and Appoint a Guardian Ad Litem. Re: Dkt. 6 . Signed by Judge Nathanael M. Cousins on 8/15/2024. (lmh, COURT STAFF) (Filed on 8/16/2024) (Entered: 08/16/2024)
8/14/2024COMPLAINT against Apple Inc.. Filed by Jane Doe. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Buche, John) (Filed on 8/14/2024) (Entered: 08/14/2024)
8/14/2024Electronic filing error. Local Counsel Address on the Complaint DOES NOT match Docket.

Please correct and re-file in its entirety. Address has to match. Re: 1 Complaint filed by Jane Doe (mbc, COURT STAFF) (Filed on 8/14/2024) (Entered: 08/14/2024)
8/14/2024Summons Issued as to Apple Inc.. (mbc, COURT STAFF) (Filed on 8/14/2024) (Entered: 08/14/2024)
8/14/2024Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/6/2024. Initial Case Management Conference set for 11/13/2024 10:00 AM in San Jose, - Telephonic Only. (mbc, COURT STAFF) (Filed on 8/14/2024) (Entered: 08/14/2024)
8/14/20243Case assigned to Magistrate Judge Nathanael M. Cousins.

Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.

Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/28/2024. (mbc, COURT STAFF) (Filed on 8/14/2024) (Entered: 08/14/2024)

8/13/2024Filing fee: $ 405.00, receipt number ACANDC-19723958. (mbc, COURT STAFF) (Filed on 8/13/2024) (Entered: 08/14/2024)
8/13/2024Proposed Summons. (Buche, John) (Filed on 8/13/2024) (Entered: 08/13/2024)
8/13/2024COMPLAINT against Apple Inc. Filed by Jane Doe. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Buche, John) (Filed on 8/13/2024) Modified on 8/14/2024 (slh, COURT STAFF). (Entered: 08/13/2024)